Terms and Conditions of Sale – L'original

Platform fees

Platform fees are entirely reinvested in the artist's visibility (Artsy fees, advertising for the artist, gallery presence).

Artist compensation

55% of the final price before taxes for original works or custom artwork and mural commissions.
Shipping prices are included in the price shown to the customer, paid by the customer, and handled by the gallery.

Payment timeline for the artist

Payments owed to the artist are made within a maximum of 30 days following confirmation that the customer has received the work.

Pricing policy

The artist agrees to offer on L'original the same final prices as those publicly displayed on their other channels (website, gallery, external platforms).

Cancellation policy for custom orders

Custom artwork or custom mural orders cannot be cancelled or returned.

If the artist has not begun working on the custom order, a refund is possible, less transaction fees.

If the artist has begun the work, in the event of a cancellation by the customer, the 50% deposit is retained by L'original as compensation for the creative time invested.

Return policy for original works and prints

Prints and original works may be returned within 14 days of receipt, provided they are unopened and returned in their original packaging.

Return shipping costs are the customer's responsibility, unless the print is defective.

Refunds

Refunds are issued within 15 business days after verification of the return, or converted into a store credit for amounts under USD 150, with higher amounts refunded directly.

Delivery, packaging and insurance

Average processing times

Original works: 2 to 7 business days to prepare the work for delivery.
Custom artwork and mural commissions: 2 to 6 weeks (depending on complexity).
Personalized prints: 5 to 10 business days.

Average delivery times

Original works: 2 to 8 business days.
Custom artwork commissions: 2 to 6 weeks (depending on complexity).
Personalized prints: 5 to 10 business days.

These timeframes are subject to change. They may be adjusted in the event of force majeure or any other event beyond our control, including but not limited to: bad weather, strikes, supplier delays, transport disruptions or administrative decisions. In no case may such a delay give rise to cancellation of the order, penalties or any form of compensation.

Shipping costs and responsibilities

Delivery costs are the customer's responsibility.
The artist is responsible for packaging. In the event of damage caused by unsuitable packaging, the artist is liable.
If the packaging is compliant, the carrier is responsible in the event of damage or loss. If the customer wishes to be protected beyond the carrier's terms, they may take out their own insurance.
L'original cannot be held responsible for breakage or damage occurring during transport, nor for delivery delays or errors, once the order has been shipped.

Transport insurance

Each shipment benefits from insurance taken out by L'original through its partner providers. This insurance covers the declared value of the work in the event of loss, theft or damage during transport.

Ordering process

Original works

Original works available for sale are ordered directly through the website. Full payment is required at the time of order.

Once payment is validated, the work is packaged by the artist and then shipped within the indicated timeframes.

Custom artwork and mural commissions

The custom order process takes place in several steps:

The customer submits their instructions by message, with or without the sketch generated by the iArt Machine.
The artist confirms their interest and the price for the project by sending their understanding of it and their commitment to complete the custom order within a timeframe they set.
If the customer wishes to accept the quote, they must pay a deposit of 50% of the total order price including taxes to confirm the order. Once the deposit is received, the artist begins the work agreed upon by both parties.
A Zoom meeting is held between the customer and the artist to reconfirm the customer's expectations and align on the elements the custom order must include.
The artist begins the creation according to what has been agreed following the exchanges and written requests of the customer.
L'original also undertakes to protect the interests of both the customer and the artist, and to charge fees proportional to the work for any modifications requested by the customer.
The discussions that take place during the Zoom meeting are recorded and transcribed by artificial intelligence in order to facilitate the transmission of information between the various parties.
Upon final approval of the work by the customer, the balance of the total order price (the remaining 50%) as well as delivery or travel costs are billed to the customer.
Once the full amount has been paid by the customer, the custom work is prepared and shipped by the artist.

Moment the sale is concluded

The sale is deemed concluded as soon as the initial payment (full payment or deposit) is accepted.

Prices, payments and commissions

Displayed prices

The prices shown on the website include applicable taxes. Delivery costs are added at the time of final payment.

We do not cover any customs fees that may be charged to you.

The price charged for delivery is the prevailing price displayed by our transport partners on their websites and corresponds to market rates for goods of the same size.

Payment terms

Original works and prints: The customer makes a single payment at the time of order.
Custom artwork and custom mural commissions: The customer pays a deposit of 50% of the total order price including taxes once the quote is accepted by both parties. Upon final approval of the work, the balance of the total order price (the remaining 50%) as well as travel or delivery costs are billed.

Additional Clauses for L'original's Terms and Conditions

Confidentiality and Protection of Personal Data

Collection and use of data: L'original collects certain personal data (e.g. first name, last name, email address, country of residence) when a user account is created, as well as technical browsing data (IP address, device information, connection logs, etc.). This information is used strictly to provide L'original's services, in particular order management, platform improvement, customer contact and the prevention of fraud or abusive use. L'original does not sell or transfer personal data to third parties for commercial purposes.

Data sharing: L'original may share certain personal data with trusted third-party service providers, only to the extent necessary to operate the Site and provide the services (e.g. payment solutions, delivery, hosting) or to comply with legal and regulatory requirements. In such cases, L'original ensures that these third parties respect the confidentiality of the data.

User rights: In accordance with applicable data protection laws, every user has the right to access, rectify and delete their personal data. Users may exercise these rights at any time by contacting L'original (for example through customer service or a dedicated email address). L'original may request identity verification from the user for any request concerning their data, and will endeavour to respond within the legal timeframes.

Retention period: Personal data is kept for as long as necessary to fulfil the purpose for which it was collected or to comply with L'original's legal obligations. Beyond that, it may be deleted or securely archived.

Data Security

L'original implements security measures consistent with industry standards in order to protect users' information. These measures are intended to prevent any unauthorized access, loss, disclosure, malicious use or alteration of personal data. In particular, L'original maintains technical security protocols (encryption, firewalls, etc.) and rigorous internal procedures to ensure the confidentiality of information. However, the user acknowledges that no transmission of data over the Internet is entirely secure: consequently, L'original cannot guarantee absolute security of information transmitted through the Site. In the event of a security breach affecting personal data, L'original undertakes to comply with the applicable legal notification obligations.

Cookies and Similar Technologies

L'original uses cookies and similar technologies (e.g. web beacons, pixels, tags) on its Site in order to improve and personalize the user experience, provide the requested services, analyze the Site's performance and for marketing purposes. These small text files placed on the user's device make it possible, among other things, to remember browsing preferences and facilitate use of the Site. By browsing L'original's Site, the user consents to the use of these cookies.

Users have the ability to configure their web browser to refuse or restrict cookies. L'original's Cookie Policy (where applicable) or the user's browser settings provide information on how to manage cookies and, where applicable, withdraw consent. It is nevertheless specified that refusing cookies may affect browsing comfort and access to certain features of the Site.

(Note: L'original does not respond to "Do Not Track" signals sent by web browsers, as no uniform technical standard has yet been adopted in this respect.)

Dispute Resolution

In the event of a dispute relating to the use of the L'original platform or to an order (for example, a disagreement between a buyer and an artist), the user first agrees to seek an amicable solution by contacting L'original's customer service. The latter will make its best efforts to act as a mediator and facilitate an amicable settlement of the dispute between the parties.

If no amicable solution is found through L'original, the parties may, by mutual agreement, resort to an alternative dispute resolution method, such as independent mediation or private arbitration. This voluntary step does not preclude, as a last resort, the possibility for each party to bring an action before the competent courts as defined below (see the "Applicable Law and Jurisdiction" clause). L'original recalls that it is not a party to the sales contracts concluded between an artist and a buyer on the platform, its role being limited to that of a technical and commercial intermediary. Accordingly, in the event of a persistent dispute between an artist and a buyer, each must assume their own obligations and personal responsibilities; any legal claim arising from a contractual dispute between users must be directed against the party concerned and not against L'original.

Platform Liability

L'original provides the Site and its services as is and as available, without any express or implied warranty as to their accessibility, performance or fitness for a particular purpose. To the extent permitted by law, L'original excludes any warranty of merchantability or non-infringement relating to the services provided.

As an intermediary platform, L'original may be held liable for damages only up to the amount actually paid by the customer for the order concerned, except in the case of gross or intentional fault on its part, in accordance with Quebec law.

In particular, L'original disclaims all liability for:

Technical malfunctions of the Site: Interruptions, breakdowns, errors or temporary unavailability of the Site or its features, as well as their possible consequences for users' activities or transactions. L'original undertakes to make reasonable efforts to keep the Site operational and to secure transactions, but does not guarantee uninterrupted or error-free operation.
User content and actions: Content posted by users (in particular order descriptions, comments, images provided) and, more generally, any conduct by a user that breaches these terms or the law. The user is solely responsible for the information they publish and for the consequences of their interactions on the platform.
Disputes between users: Contractual or commercial disputes that may arise between an artist and a buyer. L'original acts as a facilitator (support service, advice) but assumes no legal obligation of result as to the resolution of these disputes, nor any civil liability arising from the breaches of one of the contracting parties.
Indirect damages: Any indirect or unforeseeable harm suffered by a user or a third party as a result of the use of the Site or of L'original's services. This includes, without limitation, loss of opportunity, loss of revenue or profit, loss of data, reputational harm, or any damage resulting from a non-substantial breach.
Third-party site content: Content, products, services or information present on external websites accessible via hyperlinks published on L'original. The presence of such links on the Site does not constitute an endorsement of this external content, and L'original exercises no control over these third-party sites. Consequently, L'original cannot be held responsible for the information or content offered on these external sites, nor for the use made of it by the user. The user is invited to consult the policies specific to each third-party site where applicable.

This limitation of liability applies to the extent permitted by regulation. No provision of these Terms and Conditions is intended to exclude or limit liability that cannot lawfully be excluded or limited. Where applicable, L'original's total liability towards a user, for all claims relating to a single service or order, shall not exceed the amount paid by that user in connection with the said order.

Indemnification

Each user (including artists and buyers) agrees to indemnify and hold L'original harmless (as well as its operating company, its directors, employees, partners and affiliates) against any claim, action, lawsuit or judgment brought by a third party and resulting from: (a) the user's breach of these Terms and Conditions or of any applicable law or regulation, (b) the wrongful, abusive or illegal use of the Site or of L'original's services by the user, or (c) the infringement of the rights of a third party (e.g. infringement of copyright or intellectual property rights in a work). This guarantee covers all costs incurred by L'original as a result of the user in question, including damages, reasonable legal fees, attorney's fees and any court costs.

In the event that L'original is subject to a claim or legal action attributable to a user's breach, L'original reserves the right to participate in its defence and to control the settlement of the dispute. The user will cooperate fully with L'original by providing any necessary information or assistance. This indemnification obligation survives even in the event of termination of this contract or closure of the user's account.

Applicable Law and Jurisdiction

These Terms and Conditions (Terms of Sale and Terms of Use), as well as all contractual relationships or disputes arising therefrom, are governed by the laws in force in the province of Quebec (Canada), excluding its conflict-of-laws rules. Any dispute not resolved amicably shall, failing any agreement to the contrary between the parties, fall under the exclusive jurisdiction of the courts of the judicial district in which L'original's registered office is located (subject to a specific attribution of jurisdiction by a public-order law, for example in consumer matters).

If the user acts as a consumer and mandatory provisions of the law of the consumer's country of habitual residence are more favourable to them than Quebec law, those more favourable provisions may apply in accordance with the rules of private international law. Conversely, if the user uses the platform as a professional, any legal proceedings will be brought before the competent courts of Quebec.

Final Provisions

Modification of the terms: L'original reserves the right to modify or update these Terms and Conditions at any time, in particular to adapt to legal, technical or commercial changes to the service. In the event of a substantial change, users will be informed by any appropriate means (notification on the Site, email, etc.) before the new terms take effect. Continued use of the Site and services after the effective date of the changes constitutes acceptance of the updated Terms. If a user does not accept the new terms, it is their responsibility to stop using the Site and to close their account where applicable.
Partial invalidity: If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable by a competent court, that provision shall be deemed null and void and shall not affect the validity of the remaining provisions. The other clauses shall remain fully in force and retain their scope. Where applicable, the parties agree to negotiate in good faith a valid replacement provision reflecting the original intent in compliance with applicable law.
Non-waiver: The failure of L'original to exercise, at any given time, any right recognized by these terms (or to require performance of any provision) may never be interpreted as a definitive waiver of that right or of the subsequent performance of the said provision. Likewise, tolerance of a breach or the granting of an extension by L'original does not constitute a waiver of the right to invoke that breach or any future breach at a later time.
Entire agreement: The Terms and Conditions, supplemented where applicable by L'original's Terms of Use and Privacy Policy, express the entire agreement between the user and L'original concerning the use of the Site and the sale of the artistic services. They prevail over any prior agreement, communication or document, oral or written, relating to the same subject matter. No statement or commitment not expressly stipulated in this contract will be binding on L'original or the user.

Each party declares that it has read and accepts these additional clauses without reservation. These clauses are intended to supplement L'original's existing Terms and Conditions in order to provide complete legal protection for both users and the platform. They must be incorporated into L'original's Terms and Conditions contractual document in order to take effect and be enforceable against the parties in accordance with the law.